Time Length Since DUI

[Shadowcat313]

What is the name of your state?Kansas

Hi everyone.

I've been reading the advice on this site for quite a while.

I was arrested for a first time DUI on 10/20/04. I was over the legal limit, and I know I''m guilty. I'm more than happy to be the designated driver for my husband and I for the rest of our lives. Truth be told, I have a better time when I don't drink . It was a hard (and expensive) lesson for an $11.00 tab, and one I'll not repeat. I got lucky--because I "thought I was okay to drive and didn't have to go that far to get home" I got a DUI, but I didn't get hurt or killed, and I didn't hurt anyone. That's a rare gift in itself.

My question: I've read a lot of advice about sitting in on MADD panels, signing up for DUI school, etc. BEFORE you go to court, but I've asked my attorney about this, and he's told me the opposite--since it's a first DUI and I have (well, had) a totally clean driving record and personal history, getting an alcohol evaluation and doing other things beforehand isn't something I should do unless I have an alcohol problem. I don't, but that's neither here nor there. Is this sound advice?

Second, my court date keeps getting pushed back because my administrative hearing isn't until until 4/22, and my attorney wants to see what happens there before I go to court. He keeps telling me to do what I've been doing--no drinking, and to keep a clean driving record. That I can do. But will the fact that nothing even remotely significant has happened since 10/20 matter at the administrative hearing or to the judge? It will be 6-8 months since the DUI before I know what I'm up against and have to do.

Thanks for any help you can give!

Jeanne

 

[Alchohol_Free]

Suprizing

I guess there must be a lot of variety in how the States deal with this considering what you're attorney told you about enrolling in a DUI treament center.

I just speak for my area, but I suspect most states are the same. But let the legal experts here confirm this. There's a standard "package" that's ordered by the court for DUI, including first time DUI. That package includes enrolling in a DUI treament program as a part of what's typically called "diversion". Diversion is a program for first time offenders that will let you off the hook....IF... you successfully complete and abide by it's conditions.

Apparently, an alchohol evalution must not be the standard in your state for your attorney to be telling you to do nothing. I got 2 DUI's in 30 days, and the fact that I took my own initiative to seek treatment, made a gigantic difference in the outcome of my case. The judge didn't even order me in to treament. I got off with 4 weekends of jail and a 1 year instead of a 3 year license suspension. That's a cakewalk.

There's no guarantee that taking your own inititiave to enroll in a STATE CERTIFIED dui center will mean anything in your case. But, how can it hurt you?